Creditor Left Off the List

[aa06a47]

OK, unique problem.

I have been getting bills every month from my Shell Credit Card since filing Chapter 13 BK. The first bill I thought, well, they hadn't got notice on. The second one, might have gotten notice, but too late to stop the mailing, but then today, another one. Note, the bill is for $13.80. I decided to send them a letter saying they were violating the automatic stay, quite a forceful letter, siting BK case number, 3rd bill I received...ect. Well, I looked over my BK filing, and low and behold, they are not on the list of creditors.

So, tearing up the $hit note letter, I have sent them a letter to close the account and also stated I had filed BK and gave them the case number. I also have a check ready for $13.80 to mail to them. I would just mail it, but worried it might signify preferential treatment.

Should I, 1) Pay the $13.80, or would that be considered preferential? 2) Spend the money to amend the list of creditors (which would cost much more than paying the $13.80), 3) Just close the account, site the BK petition number and see if I get another bill.

Any advice appreciated.

[SinkingFast]

OK, unique problem.

I have been getting bills every month from my Shell Credit Card since filing Chapter 13 BK. The first bill I thought, well, they hadn't got notice on. The second one, might have gotten notice, but too late to stop the mailing, but then today, another one. Note, the bill is for $13.80. I decided to send them a letter saying they were violating the automatic stay, quite a forceful letter, siting BK case number, 3rd bill I received...ect. Well, I looked over my BK filing, and low and behold, they are not on the list of creditors.

So, tearing up the $hit note letter, I have sent them a letter to close the account and also stated I had filed BK and gave them the case number. I also have a check ready for $13.80 to mail to them. I would just mail it, but worried it might signify preferential treatment.

Should I, 1) Pay the $13.80, or would that be considered preferential? 2) Spend the money to amend the list of creditors (which would cost much more than paying the $13.80), 3) Just close the account, site the BK petition number and see if I get another bill.

Any advice appreciated.

When we were gonna file and then add our Landlord, we were told the fee to add a Creditor is $26. That's nearly double what you owe that CC.

Plus $13.80 ain't no where close to being $600 in the aggregate to one Creditor.

Maybe ask your attny, but I personally don't see the harm in paying, seeing as how you're closing the acct as well. Plus, you closing the acct, Paid in Full, shows better on your Credit Report than Closed by Credit Grantor included in BK.

[FilingOnMyOwn]

I would have just left the account open and paid the 13.80. As long as you'd still have it as an open line of credit. Now that you've told them to close it, its really up to you. You can get it removed I'm sure, but would it be worth the potential hassle? I doubt that a preferential issue would arise over 14 bucks.

[aa06a47]

Since the gas card is "owned" by Citibank, though it is through Shell, that has me worried some. If I make one payment to "Citi...via Shell", even though it is only $13.80, I'm just worried Citi might say something, or MBNA might get pissed that Citi got 13.80 that they didn't...hell, who knows. I just don't want to get blindsided by some 1 line technicality if you know what I mean.

[lrprn]

Tough situation, aa - looks like your lawyer will be your best resource about what to do. I know just what you mean about not wanting a mere $13.80 to screw up your filing. Even paying the extra to have your gas card added on to your plan after the fact would be worth the peace of mind. Hopefully your answer will be a simple one - keep us posted, ok?

[bkbiker]

Sometimes in the game of chess, the best move is to do nothing at all and wait for your opponent to make the move,

This is not professional legal advice, what if you just did nothing; after confirmation, than just pay off the balance, it would seem not much would happen for $13

Good luck,
bkbiker